SUPREME COURT.

Evening Star, Issue 2952, 5 August 1872, Page 2

SUPREME COURT.

IN BANKRUPTCY. This Day. (Before Mr Justice Chapman.) FINAL DISCHARGES. James Carter, William Roberts, and George Price received final orders of discharge, DEEDS OF COMPOSITION. The matters of William John Dyer and John Crickmorc were adjourned till August 12th, L \ ST EXAMINATIONS. The 19th August was fixed for the last examinations of Thomas Guthrie and David Henderson. MISCELLANEOUS.

Re Robert Dickson. — A final order was granted herein, subject to the bankrupt paying to the trustee L2 15s a month, until 10s in the £ were paid, together with LI Is costs, and the trustee’s costs. The bankrupt consented. Re Jonathan W. Fish, coach-builder.— Mr Catamorc for the bankrupt, and Mr Stewart opposed. The bankrupt stated he commenced business iu Dunedin as a coachbuilder in August with a capital of L 25. He did not find himself in difficulties until prcssel by Mr H. S. Fish, junior. He obtained goods from Briscoe and Co. to the amount of LI4O. Neither he nor his wife held freehold property in Dunedin in January last ; nor did he on any occasion toil Mr M'Ncll that he had. There was some talk of a partnership between himself and Mr Pritchard in September or October ; but nothing came of it. Pritchard advanced him some money, but afterwards withdrew it. He never told. Mr M‘Neil that Pritchard was a partner; but when he asked him to pay for what he was getting, he told him that a man with money thought of joining him ; and being pressed by him he mentioned Pritabard’s name in confidence. Pritchard advanced over LIOO, and he owed him about LGO. His name does not appear in his schedule ; it was left out at Pritchard’s request. Iu Ma»ch last Mr H. S. Fish, junr., threatened to issue execution against him. He told Mr Fish if he did so he would break him up. He went to Melbourne a day or two afterwards. He did *iot say he would sell a cat if execution was withheld. Before going he sold an express for Ll7, but did not pay any of the money to Fish. Did not use any of the firm’s money to go to Melbourne, The firm was Fish and Go. ; but there was in reality no company. He went to Melbourne with L 33, He got L 63 from <! a friend,” who was Mrs Fish. She got it from home three or four years ago, and lent it to D. A. M‘Leod, railway contractor, who returned it to her iu January. (To the Judge.) She is nobody else’s Avife ; but is my wife, though not in a legal point of view. She was not put down in the schedule, because she did not wish to be. He went to Melbourne for the purpose of getting some one with capital to join hm; or to get his friends to advance him some money to carry on. Mr J. R. Mills OAved him Lls, balance on an express made for him. (Counsel handed to bankrupt a receipt which purported to discharge Mills from all liability in respect of the express, the consideration being three specific payments). He gave the receipt because considering Mills a friend, he agreed to do so, on condition that Mills should give M rs Fish LI a Aveek to support her during his absence, Avhich he did not do. He did so at Mills’s request, to give the matter a better color. He never acted in concert with any persons in removing part of his stock. He did not consult Mr Fish before going to Melbourne; because he had positively said he would have his money. Pritchard had no claim against him for the balance.

H. S. Fish, juur., said his debt was owing to him for a long time. Finding that he was deceived by the speciousness of his excuses, he obtained judgment against Fish. On or about the 19th March, bankrupt came to him and said he intended selling a cart on the following day; that it would realise about L2O, when the debt would be paid. He did not, therefore, proceed to execution. He then obtained three clear days to collect his accounts, and witness considered it a clear attempt to swindle by telling a falsehood. When it was known Fish was gone, all his stock that was removable was taken away by some persons ; indeed the place was ransacked, and nothing left for the creditors. Had they got what had been in the place, they might have received 7s or 8s in the £. Had the bankrupt consulted him, he should have advised him to have called his creditors together, and for his own part would have accepted 2s 6d in the £.

Hugh M‘Neil, manager for Briscoe and Co f , said he was induced to give the bankrupt goods on the strength of his representations that he had some property, and that Pritchard was a partner of his. The bankrupt, in re-examination, denied that any of his tools had been removed. There were only a few feet of ash in the premises when he left them. On his return he found that everything had been removed; he supposed they had been sold by Mr Larnach, who distrained for rent. His Honor censured the bankrupt for departing for Melbourne without consulting with his creditors ; and for leaving his place of business without any person in charge of it. The transactions with Mrs Fish, so-called, and Pritchard—and especially the letter — were suspicious ; and the bankrupt had made a false schedule. Certificate suspended for six months.